K.K.E. AMALGAMATIONS vs Post Master General

THIS is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

THE complainant booked a parcel containing handloom silk sarees to M/s Greenways, Connaught Place, New Delhi valued at Rs. 12,415/- in the Branch Post Office, Arunagirichatram, Arni on 1.9.92. THE parcel was insured for a sum of Rs. 9,000/- after due payment of the insurance charges. THE complainant''s customer found that the parcel was tampered with and did not accept it. It was returned to the complainant. THE complainant demanded Open delivery and at the time of opening, it was found that instead of silk sarees there were other useless materials. THEre was, therefore, deficiency in service and the complainant has claimed the insured amount with interest, postal charges and compensation in the sum of Rs. 1,00,000/-. The opposite parties admitted the receipt of the Insured Parcel. It was returned from Delhi and the open delivery was given as demanded by the complainant. It was found that there were polithine covers, brown packing papers, some magazines, etc. The matter was enquired into and it was found that the tampering and abstraction should have been done in between RMS Bhavan Sorting and New Delhi H.O. It is pointed out by the Opposite Party that under Clause 175 of the Post Office Guide the Department can sanction compensation for an insured article not exceeding the amount for which the article has been insured. As such compensation can be granted for the amount not exceeding Rs. 9,000/- and the claim for Rs. 1,10,734/- is not called for.

Exhibits Al to A8 and Bl to B2 are marked by consent. Proof Affidavits are filed. No oral evidence has been let in.

THE point for consideration is whether there has been any deficiency in service on the part of the Opposite Parties and to what relief, if any, is the complainant entitled. Point: The complainant has delivered a parcel at Post Office of Arunagirichatram to be transported to and delivered to M/s. Greenways, Connaught Place, New Delhi. The parcel contained handloom silk sarees and it was insured for Rs. 9,000/-. The complainant''s customer found that the parcel tampered and did not accept it. It was returned to the Post Office of origin and the complainant demanded open delivery. When it was opened, it was found that it contained useless articles like old monthly magazines instead of handloom sarees. The parcel investigation has also revealed that the tampering and abstraction should have been taken place between RMS Sorting and New Delhi. This is, therefore, a clear case where there has been deficiency in service on the part of the Opposite Parties.

NOW to the question of compensation. The parcel has been insured for Rs. 9,000/-and the complainant has paid Rs. 234/- as postal charges, which includes the insurance premium, in all Rs. 9,234/-. The complainant is entitled to Rs. 9,234/- with interest thereon at 18% from the date of insurance, viz. 1.9.92 till payment. The complainant has claimed compensation in the sum of Rs. 1,00,000/- which appears to be exhorbitant. We are inclined to grant Rs. 10,000/- only as compensation. In the result, we order as follows: (1) The Opposite Parties shall pay to the complainant the sum of Rs. 9,234/- with interest thereon at 18% p.a.from 1.9.92 till payment. (2) The Opposite Parties shall pay compensation in the sum of Rs. 10,000/- to the complainant. (3) The Opposite Parties shall also pay Rs. 1,000/- as costs to the complainant.

Complaint allowed.